HC enhances motor insurance payout to engr student to 1.9cr

Jaipur: Rajasthan High Court Wednesday awarded around Rs 1.9 crore in compensation to a 21-year-old engineering student who was left completely paralysed below the waist following a road accident seven years ago. The decision marked a substantial increase from the Rs 1.49 crore initially granted by the Motor Accident Claims Tribunal (MACT) in 2022.Neelam, a resident of Dausa and a student at National Institute of Technology (NIT), Uttarakhand, suffered 100% permanent disability after being struck by a vehicle near her campus in 2018. The case, which saw both the victim and the insurance company filing appeals against the MACT's award, was presided over by Justice Ganesh Ram Meena.Justice Meena emphasised that compensation should extend beyond mere financial loss to encompass the broader impact on the victim's life, including lost dreams and opportunities. "The law must not merely count the rupees lost but also the dreams denied," the judgment stated.The court acknowledged the societal challenges faced by women with disabilities, particularly in the context of marriage and motherhood, and increased the compensation for loss of marriage prospects from Rs 3 lakh to Rs 5 lakh. The court noted that romantic relationships in India were often influenced by physical wellness and societal perceptions. A woman with such a disability is likely to be wrongly perceived as unsuitable for marriage or motherhood, the court noted.Justice Meena also revised Neelam's notional annual income to Rs 5 lakh, reflecting her potential earnings had the accident not occurred. This adjustment, along with a 40% addition for future prospects, resulted in a calculated loss of earning capacity amounting to Rs 1.26 crore.The court further enhanced compensation for pain, suffering and loss of life;s amenities from Rs 15 lakh to Rs 25 lakh. Additionally, Rs 21.6 lakh was allocated for lifelong attendant care, with Rs 8 lakh for future medical treatment and Rs 3.58 lakh for expenses already incurred.